Tshifhango and Another v Minister of Justice and Correctional Services and Others (JR951/16) [2017] ZALCJHB 131 (25 April 2017)

Tshifhango and Another v Minister of Justice and Correctional Services and Others (JR951/16) [2017] ZALCJHB 131 (25 April 2017)

The court found that the respondents have satisfied the requirements for leave to appeal by demonstrating reasonable prospects that another court could reach a different conclusion. Additionally, the matter raises an important question of law that warrants consideration by an appellate court. Accordingly, leave to appeal is granted and costs are to be costs in the appeal.

Citation
[2017] ZALCJHB 131
Parties
Applicant: Tsakani Isabel Tshifhango; Applicant: Elizabeth Kuki Makhondo; Respondent: Minister of Justice and Correctional Services; Respondent: Director General: Justice and Constitutional Development; Respondent: Regional Head: Justice and Constitutional Development; Respondent: Acting Director Human Resources: Justice and Constitutional Development, Gauteng
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 April 2017
Case Number
JR951/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 23 March 2017.
Outcome
Leave to appeal granted; costs to be costs in the appeal.
Judges
Prinsloo
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Costs in Appeal
Labour Law Leave to Appeal Reasonable Prospects of Success Costs in Appeal

Case Brief

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Parties

Tsakani Isabel Tshifhango

Applicant

Elizabeth Kuki Makhondo

Applicant

Minister of Justice and Correctional Services

Respondent

Director General: Justice and Constitutional Development

Respondent

Regional Head: Justice and Constitutional Development

Respondent

Acting Director Human Resources: Justice and Constitutional Development, Gauteng

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 23 March 2017.

Legal Issues

  1. 1 Whether the respondents have demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there is an important question of law warranting consideration by another court.
  3. 3 Whether leave to appeal should be granted.

Ratio Decidendi

The court found that the respondents have satisfied the requirements for leave to appeal by demonstrating reasonable prospects that another court could reach a different conclusion. Additionally, the matter raises an important question of law that warrants consideration by an appellate court. Accordingly, leave to appeal is granted and costs are to be costs in the appeal.

Court Disposition

Leave to appeal granted; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted.
  • Costs to be costs in the appeal.